Dental Technicians Amendment Act [No. 43 of 1997]
GOVERNMENT GAZETTE
STAATSKOERAIW
VAN DIE REPtJBLIEK VAN MJID-AFRIKA
Registered at the Post Ojice as a Newspaper As ‘n Nuusblad by die Poskantoor Geregistreer
CAPE TOWN, 3 OCTOBER 1997 VOL. 388 No. 18333
KAAPSTAD, 3 OKTOBER 1997
OFFICE OF THE PRESIDENT KANTOOR VAFJ DIE PRESIDENT
I No. 1300. 3 October 1997 No. 1300. 3 Oktober 1997
It is hereby notified that the President has assented H i e r b y w o r d bekend gemaak dat die President sy to the following Act which is hereby published for general goedkeunng geheg het aan die onderstaande Wet wat hierby information:— ter algemene inligting gepubliseer word:—
No. 43 of 1997: Dental Technicians Amendment Act, 1997. No. 43 van 1997: Wysingswet op Tandtegnici, 1997.
2 No. 1S333 GOVERNMENT G.AZEITE, 3 OCTOBER 1997
.%ct No. .$3, 1997 DENTAL TECHNICIANS AMENtlhfENT ACT, 1997
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in existing enactments.
ACT To amend the Dental Technicians AcG 1979, in relation to the definitions; in order to provide for the recognition of the professions of dental technologist and clinical dental technologist; to constitute a new South African Dental Technicians Council and to make transitional arrangements therefor; to provide for there-appointment or re-election of a member of that Council for one further term only; to provide for the extension of the acts which maybe performed by a dental laboratory assistant; to provide for the registration of dental laboratory assistants; to provide for the dkect billing of patients or medical aid schemes by dental technician contractors; to provide that a business in which acts specially pertaining to the profession of dental technician or dental technologist are performed, may be carried out by associations or juristic persons; to provide that a fine may also be imposed upon a conviction of misconduct; to increase penalties so as to cope with inflation; to amend certain obsolete references; to provide for the rationalisation of certain laws relating to dental technicians that have remained in force in the various territories of the national territory of the Republic by virtue of the Constitution of the Republic of South Africa, 1996; and to provide for matters connected therewith.
(English text signed by the President.) (Assented to 25 September 1997.)
BE IT ENACTED by the Parliament of the Republic of South AfncA asfollo\vs:— Amendment of section 1 of Act 19 of 1979
1. Section 1 of the Dental Technicians Act, 1979 (hereinafter referred to as the principal Act), is hereby amended— 5
(a) by the insertion after the definition of “approved institution” of the following definition:
“ ‘clinical dental technologist’ means a person who has undergone training in treating patients requiring complete artificial dentures and who is registered as such under the Medical, Dental and Supplementary 10 Health Service Professions Act, 1974 (Act No. 56 of 1974);”;
fb) by the substitution for the definition of “dental laboratory assistant” of the following definition:
“ ‘dental laboratory assistant’ means any person employed as such by a dentist [ar], clinical dental technologist, dental technician or dental 15 technologist in terms of section 28;”;
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Act No. 43.1997 DENTAL TECHNICIANS ANIENDMENT ACT. 1997
(c) by the substitution for the definition of “dental technician contractor” of the following definition:
“ ‘dental technician contractor’ means a dental technician or a dental technologist who, with due regard to the provisions of this Act, practises the profession of [a] dental technician or dental technologist, as the case 5 may be, on his - own account, or who is a member of a partnership or an association of dental technicians or dental technologists, as the case may be, which practises that profession, or who is a [director] member of a [company] juristic person which carries on any business in which is performed any act specially pertaining to the profession of [a] dental 10 technician or dental technologist. as the case may be;”;
(d) by the insertion after the definition of “dental technician contractor” of the following definition:
“ ‘dental technologist’ means a person who has acquired a B. Tech. Dent. Tech. degree and who is registered as a dental technologist 15 under section 18;
(e) by the insertion after the definition of “dentist” of the following definitions: “ ‘Department’ means the national Department of Health; ‘Director-General’ means the Director-General: Health;”;
(fl by the deletion of the definition of “Secretiuv”; 20 “..
(g) by the substitution for the definition of “st~dent dental technician” of the following definition:
“ ‘student dental technician’ means any person who is studying dental technology at an approved institution or is undergoing practical training in an approved dental laboratory, and who has been registered as such 25 under section 19;”;
(h) by the insertion after the definition of “student dental technician” of the following definition:
‘‘ ‘student dental technologist’ means any person who is studying dental technology at an approved institution or is undergoing practical training 30 in an approved dental laborato ry, and who has been registered as such under section 19;”; and
(i) by the substitution for the definition of “training institution” of the following definition:
‘< ‘training institution’ means an institution where persons are educated 35 and trained for the profession of [a] dental technician or dental technologist.”.
Amendment of section 3 of Act 19 of 1979
2. Section 3 of the principal Act is hereby amended— (a) by the substitution for paragraph (b) of the following paragraph: 4 0
“(b) to control all matters relating to the education and training of dental technicians or dental technologists and the exercising of the practices in the supplying. making. altering or repairing of artificial dentures or other dental appliances or any other work pertaining to such dentures or appliances;”; and 45
(b) by the substitution for paragraph (d) of the following paragraph: “(d) to promote good relations between dentists, [and] clinical dental
technologists, dental technicians and dental technologists and other supplementary dental health services personnel;”.
Amendment of section 4 of Act 19 of 1979 50
3. Section -1 of the principal Act is hereby amended by the substitution for paragraph (i) of the following paragraph:
“(i) conduct or arrange courses for the supplementary training of dental technicians [and for a master dental technician’s certificate] or dental technologists and render financial assistance in respect of such courses:”. 55
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Act NO. -$3.1997 DENTAL TECHNICIANS AMENDMENT ACT’. 1997
Amendment of section 5 of Act 19 of 1979
4. (1) Section 5 of the principal Act is hereby amended— (a) by the substitution for paragraphs (a) and (b) of subsection (1) of the
following paragraphs, respectively: “(a) the [Chiefl Director of [the Dental Services Section] Oral Health
of the Department of Health; (b) [three] five persons appointed by the Minister, of whom—
(i)
(ii)
(iii)
one shall be a dentist attached to a university having a dental faculty; one shall be a dental technician or a dental technologist attached to an institution at which dental technicians or dental technologists are educated and trained; and —
[one] @ shall be [a person] members of the public who shall be appointed after calling through the media for nominations by the public and who [is] are not registered in terms of this Actor the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974), of whom at least one shall be appointed on account of his or her knowledge of the law;”;
(b) by the substitution for paragraphs (d) and (e) of subsection (1) of the following paragraphs, respectively:
“(d) two dental technicians or dental technologists who practise the profession of dental technician or dental technologist, as the case may be, as employees and who are nominated and elected in the prescribed manner by dental technicians or dental technologists. as the case may be, thus practicing that profession; and
(e) [three dentists] one dentist nominated and elected by dentists in the prescribed manner.”; and
(c) by the substitution for subsection (2) of the following subsection: “(2) Subject to the provisions of section 6 a member of the council
shall hold office for a period of five years, but shall be eligible for re-appointment or re-election. as the case may be, for one further period of five years.”.
(2) Notwithstanding subsection (1) of this section the members of the council as constituted immediately before the commencement of this Act. shall continue to be members thereof, and that council shall be deemed to be duly constituted in terms of section 4 of the principal Act, as amended by subsection (1) of this section. until the new council is constituted in terms of section 4 of the principal Act, as amended by subsection ( 1 ) of this section.
Amendment of section 6 of Act 19 of 1979, as amended by section 46 of Act 97 of 1986
5. Section 6 of the principal Act is hereby amended— (a) by the substitution for paragraph (b) of subsection ( 1 ) of the following
paragraph: “(b) who in terms of this Actor the Medical. Dental and Supplementary
Health Semite Professions Act. 1974 (Act No- 56 of 1974), is disquahfied from practicing his or her profession:”; and
(b) by the substitution for subsection (2) of the following subsection: “(2) A member of the council shall vacate his or her office if—
(a) he or she becomes subject 10 MY diwu~lific~tion referred to in subsection (1);
(b) he or she ceases to hold any qualification neces=v for his or her appointment;
(c) he or she has been absent from more ~an tw’o consecutive ordin~ meetings of the council without the council’s leave:
(d) (i) being an elected member. he or she tenders his or her resignation in writing to the registrw or
(ii) being a member appoinled or ,des@te: by the Minister, he q she tenders his ox rWWtlon m ~~tln: to the Minister and = Minister accepts his ~ resi~nation;
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DENTAL TECHNICIANS AMENDMENT ACT. 1997
he or she becomes a patient or a [President’s patient] State patient as defined in section 1 of the Mental Health Act. 1973 (Act No. 18 of 1973); he or she is convicted of an offence, whether in the Republic or elsewhere, in respect whereof he or she is sentenced to imprison- ment without the option of a tine; the Minister in the public interest terminates his or her member- ship.”,
Amendment of section 10 of Act 19 of 1979
6. Section 10 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:
“(1 ) There shall be an executive committee of the council consisting of the president, the vice-president, the treasurer and such other members of the council as the council may designate, of whom at least one shall be a dentist and one shall be a dental technician or a dental technologist.”.
Amendment of section 11 of Act 19 of 1979, as amended by section 3 of Act 118 of 1993
7. Section 11 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:
(1) The council shall— “(a) establish disciplinary committees, each consisting of such number of persons,
(b)
(c)
(d)
appointed by ‘the council, as the council may-determine but whi~h shall include at least two members of the council, one of whom shaII be the [chairman] chairperson and the other the [vice-chairman] vice-chairperson of such committee, to investigate and report to tbe council on any complaint. charge or allegation referred to in section 35(1); establish an education committee consisting of such number of persons. appointed by the council, as the council may determine but which shall include at least one member of the council, who shall be the [chairman] chairperson of such committee, and at least one representative of each institution where dental technicians or dental technologists are trained; establish a semice conditions committee for the purpose of investigating and determining conditions of employment of dental technicians or dental technologists (except dental technicians or dental technologists who are in the employment of the State or a provincial administration), consisting of such number of persons, appointed by the council, as the council may determine. but which shall include the president of the council, who shall be the [chairman] chairperson of such committee; establish a tariff committee for the purpose of investigating and determining the ttiff of fees payable [by a dentist] to a dental techni&n contractor fo~ w’ork done as a dental technician or a dental technologist, which shall consist of such number of persons appointed by the council as the council may determine but which shall include the president of the council, who shall be the [chairman] chairperson of such committee.”.
Amendment of section 12 of Act 19 of 1979
8. Section 12 of the principal Act is hereby amended by the substitution for subsections (1) and (2) of the following subsections, respectively:
“(1 ) The council may, notwithstanding anything to the contrary in any law contained. conduct an inquiry into and detcrmine— (a) the conditions of employment of dental technicians or dental technologists
who are employees, except dental technicians or dental technolo,sists who are in the employment of the State or a provincial administration; and
(b) [he tariff of fees payable to a dental technician contractor [by a dentist] for work done as a dental technician or a dental technologist.
(2) [The Representative Association of Medical Schemes established by section 23A of the Medical Schemes Act, 1967 (Act No. 72 of 1967), in the case of a determination of the tariff of fees referred to in subsection (1)(b), and the Dental Association of South Africa and any other] Am association or body of persons \vhich. in the opinion of the council, is represenldtive of [the majority ofl
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Act No. 43.1997 DENT.\L TECHNICIANS AMENDMENT ACT, 1997
dentists. clinical dental technologists, dental technician contractors, [or] dental technicians or dental technologists who are employees, may make representations to the council that the council conduct an inquiry for the purposes of making a determination of the conditions of employment or tariff of fees referred to in subsection (1), or for the purposes of effecting any amendment in terms of subsection (5), and any such association or body may, with the approval of the council, make representations, oral or written, to the council with regard to any such determination or amendment.”.
Amendment of section 13 of Act 19 of 1979
9. Section 13 of the principal Act is hereby amended by the deletion of subsection (4).
Amendment of heading to Chapter 2 of Act 19 of 1979
10. The following heading is hereby substituted for the heading to Chapter 2 of the principal .~ct:
“Education. Training and Registration of Dental Technicians and Dental Technolo- gists””.
Amendment of section 16 of Act 19 of 1979
11. Section 16 of the principal Act is hereby amended— (u) by the substitution for subsection (1) of the following subsection:
“(1 ) Notwithstanding anything to the contrary in any law contain~ no person or institution may offer or provide any education or training which is intended to qualify any person to practise the profession of [a] dental technician or dental technologist, unless such education and training have been approved by the council.”; and
(b) by the substitution for subsection (5) of the following subsection: “(5) .Any person who contravenes or fails to comply with any
provision of this section or any condition or requirement referred to in subsection (3) shall be guilty of an offence and on conviction be liable to a fine not exceeding [R500 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment] RIO OOO.-’.
Substitution of section 17 of Act 19 of 1979
12. The following section is hereby substituted for section 17 of the principal Act:
““Unregistered persons may not practise or be trained as dental technicians or dental technologists
17. No person shall practise the profession of [a] dental technician g dental technologist, or be educated or trained as a dental technician or a dental technologist. unless he or she is registered in terms of this Act as a dental technician, dental technologist, [or] student dental technician q student dental technologist, as the case may be.”.
Substitution of section 18 of Act 19 of 1979
13. The following section is hereby substituted for section 18 of the principal Act:
““Registration of dental technicians and dental technologists
18. (1) Any person who intends to be registered as a dental technician or a dental technologist in terms of this Act shall apply to the council = wTiting and shall submit the qualification which, in his or her submission. entitles him or her to registration, together with such proof of his or her identity and of the authenticity and validity of the qualification subm= as may be required by the council.
(2) If lhe council is satisfied that the qualification and the other documents submitted in support of the application comply with the requirements of this Act, it shall, upon payment of the prescribed fee, cause the necessary entry to be made in the register and the registrar shall thereupon issue a registration certificate authorizing the applicant, subject to the provisions of this Act or any other law, to practise the profession of dental technician or dental technoloszist, as the case may be.”.
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Act No. 43.1997 DENTAL TECHNICIANS AMENDhfENT ACT. 1997
Substitution of section 19 of Act 19 of 1979
14. The following section is hereby substituted for section 19 of the principal Act:
6’Rqjst~~tion of student dentaI te~hni~ian~ and ~t~dent dental tech. nologists
19. (l) Any person who intends to be registered as a student dental technician or a student dental technologist in temls of this Act shall apply in writing to the council, and such application shall be accompanied by the prescribed particulars and registration fee.
(2) If the council is satisfied that the applicant is entitled to registration. it shall cause the necessary entry to be made in the register. and the registrar shall thereupon issue to the applicant a registration certificate in the prescribed form.
(3) The person in charge of an approved institution shall forthwith notify the council of the termination of the education and training of a student dental technician or a student dental technologist at such institution. whether by reason of the abandonment or completion of education and training or the transfer of such student to another such institution or for any other reason.”.
Amendment of section 20 of Act 19 of 1979
15. Section ?0 of the principal Act is hereby amended by the substitution for subsection ( 1 ) of the following subsection:
“(1 ) The council shall keep separate registers in respect of dental technicians. [and] dental technologists, student dental technicians and student dental technolo- szists. and shall enter in the appropriate register the prescribed particulars of ek’ery person whose application is granted under section 18 or 19.”.
Substitution of section 21 of Act 19 of 1979
16. The following section is hereby substituted for section 21 of the principal Act:
‘“Council may refuse registration
~1. Notwithstanding any provision to the contrary in this Act contained. the council may refuse to register any person under section 18 or 19 or to restore the name of any person to a register, if. in the opinion of the council, such person is by reason of a conviction. in the Republic or elsewhere. of a prescribed offence, not fit to practise as a dental technician or a dental technolo~ist, or to be a student dental technician or a student dental technologist.”.
Substitution of section 22 of Act 19 of 1979
17. The follo~ving section is hereby substituted for section 22 of the principal Act:
“XIinister may prescribe qualifications required for registration as dental technician or dental technologist
z2. The Minister may, from time to time [on the recommendation ofl & consultation with the council, prescribe the qualifications obtained by \-irtue of examinations conducted by an approved institution which shall. if possessed alone or together with another qualification, entitle the possessor thereof to registration as a dental technician or a dental technologist in terms of this Act. if he or she complies. before or in connection with or after the acquisition of the qualification in question. with the conditions or requirements so prescribed.”.
Amendment of section 23 of Act 19 of 1979
18. Section 23 of the principal Act is hereby amended by the substitution for subsections ( 1 ) and (2) of the following subsections. respectively:
“(1 ) The council may. subject to the provisions of subsections (~) and (3). register as ~ d~nta] technician or a dental technologist. as the case may be. any
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Act so. 43.1997 DENTAL TECHNICIANS AMENDMENT ACT. 1997
person who acquired a qualification or underwent training outside the Republic if such qualification or training entitled the person to practise as a dental technician or a den[al technologist. as the case may be. in the country or state in which he or sh~ acquired the qualification or underwent [he training.
(~) -~ person registered in temls of subsection (1) as a dental technician or a dental technologist shall be entitled to practise as such, only— (a) for the period or periods determined by the council, during which he or she
shall satisfy the council that— (i) he or she possesses professional knowledge and ability of a standard not
lover than that prescribed in respect of dental technicians or dental technologists in the Republic; and
(ii) he or she is conversant with the laws of the Republic regarding dental practice and the practicing of the profession of [a] dental technician q dental technologist;
(b) in the area or areas determined by the council; and (c) subject to any further conditions determined by the council.”.
Amendment of section 24 of Act 19 of 1979
19. Section 24 of the principal Act is hereby amended— (u) b! the substitution for paragraph (b) of subsection (3) and the words following
thereupon, of the following paragraph and words, respectively: ““(b) such person shall cease to practise the profession of dental
technician ~, or to perform any act which he or she was entitled to perform as a registered person,
until such time as his or her name or the entry removed from the register in terms of section 20(4). as the case may be, is restored to the register.”.
Substitution of section 27 of Act 19 of 1979
20. The following section is hereby substituted for section 27 of the principal Act:
‘“.+cts which may be performed only by dentists, clinical dental technologists, dental technicians or dental technologists
z7. ( 1 ) IQO person other than a dentist or clinical dental technologist. shall. for sain— (a)
(b)
suppry or undertake to supply any artificial denture or other dental appliance to any person for use by that person; or make. reuair. alter or work u~on, or undertake to make. repair, alter or work up~n. any artificial de~ture or other dental appliance unless the denture or appliance. or the impression. model or other direction for making. repairing or altering of or the working upon the denture or appliance, has been or is to be delivered to him or her by a dentist or clinical dental technologist. and the denture or appliance is to b= returned or delivered. as the case may be, by him or her to the dentist or clinical dental technologist.
(2) No person other than a dentist or clinical dental technologist shall— ~a ~ pretend or hold himself or herself out to be entitled or prepared to
supply. make. repair, alter or work upon any artificial denture or other dental appliance otherwise than in accordance with the provisions of subsection ( 1); or
fb} solicit or accept, for execution by any person in contravention of subsection ( 1 ), any order for the supply. making. repair or alteration of or the working upon any artificial denture or other dental appliance.
i ~) X. person. other than a person referred to in subsection (9), shall for gain practise the profession of [a] dental technician or dental technolo~ist or perform any act specially pertaining to the profession of [a] dental technician or dental technologist. as the case may be, unless he or she has been registered as a dental technician or a dental technologist. as the case mm’ be. under section 18.
(-$) In any prosecution for a contravention of an>’ provision of subsection
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(1) or (3). the accused shall. unless the contrary is proved. be deemed to have performed the act in respect of which the prosecution is instituted for gain.
(5) No person who is not registered under section 18 shall hold himself or herself out to be registered as a dental technician or a dental technologist or use any name. title. description or symbol indicating or calculated to lead persons to infer that he or she is registered as a dental technician or a dental technologist.
(6) (a) No [person] dental technician shall for his or her own account practise the profession of dental technician or shall be a member of a partnership or an association of dental technicians or dental technologists which practises that profession or shall be a [director] member of a [company] juristic person which carries on a business in which is performed any act specially pertaining to the profession of [a] dental technician. unless he or she has. after having been registered as a dental technician performed the work of a dental technician [for a period of three years as an employee in a dental laboratory] and has acquired a National Higher Diploma in Dental Technology.
(b) The provisions of paragraph (a) shall not apply to any person who at the commencement of this Act so practised that profession or was then such member [or director] or then had the right to practise that profession or to be such a member.
(7) (u) The prohibitions in subsections(1) and (2) shall not replace those contained in section 38(1) of the Medical, Dental and Supplement~ Health Semite Professions Act, 1974 (Act No. 56 of 1974).
(b) The provisions of subsection (2) shall not imply that any dentist ~ clinical dental technologist who solicits, or allows any person to solicit on his or her behalf, any order referred to in that subsection, or accepts any such order so solicited, is not guilt~ of improper conduct. or that an inqui~ under Chapter IV of the Medical, Dental and Supplementary Health Service Professions Act. 1974 [(Act No. 56 of 1974)], may not be instituted against any such dentist or clinical dental technologist.
(8) Subject to the provisions of sections 19.23 and ?8 no person shall employ any other person to perform the work of a dental technician or a dental technologist or any act specially pertaining to the profession of [a] dental technician or dental technologist. as the case may be, unless such other person is registered [under] in terms of section 18.
(9) The prohibition in subsection (3) shall not apply in respect of— (a) a dentist or c!inical dental technolo~ist; (b) a student dental technician or a student dental technologist. if the act in
question is perfomled for purposes of his or her training in dental technology;
(c) a person registered in terms of section 23, provided he or she obsemes the restrictions in respect of such registration;
(d) a dental laboratory assistant in the employment of a dental technician or a dental technologist who performs any act referred to in paragraphs (a) to [(e)] Q of subsection (1) of section 28 in the circumstances referred to in subsection (2) of that section.”.
Amendment of section 28 of Act 19 of 1979
21. Section 28 of the principal Act is hereby amended— (a) by the substitution for the words preceding paragraph (u) of subsection ( 1 ) of
the following words: ‘“Notwithstanding the provisions contained in section 27 a dentist [or]. g clinical dental technologist, a dental technician or a dental technologist may employ an unregistered person as a dental laboratory assistant to perform the following acts specially pertaining to the profession of [a] dental technician or dental technologist. as the case may be, namely-””:
(b) by the substitution for paragraph (a) of subsection (1) of the following paragraph:
“(a) all plaster work in connection with artificial dentures or dental appliances [except—
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(i) the articulation of models on an articulator; and (ii) the casting of plaster models for crown and bridge work];”’:
(c) by the addition to subsection ( 1 ) of the following paragraphs: “(e) lhe packing of acrvlic dentures; ~) the manufactunllsz of record blocks and special impression trays. “’; 5
(d) by the substitution for subsection (2) of the following subsection: ““( 2).+ dental laboratory assistant may pelform the acts referred to in
subsec~ion ( 1 ) only as an employee in a dental laboratory under the continuous personal supervision of a dentist [or]. a clinical dental technologist. a dental technician or a dental technologist.”; and 10
(e) by the addition of the following subsection: ‘“(3) .Any unregistered person employed as a dental laborato~
assistant. as contemplated in this section, may apply to the council in the prescribed manner for registration as a dental laboratory assistant provided that— 15 (a)
(b)
(c)
he or she— (i) has acquired such certified qualification or equivalent qualifi-
cation as the council may determine; or (ii) is familiar with, and has appropriate experience concerning the
performance of, the acts referred to in subsection (1); he or she has been employed as a dental laboratory assistant for a period of not less than three years in a registered dental laboratory: and his or her application is supported by an aflidavit by an owner of a rc~istered dental laboratory.”. 25
Amendment of section 29 of Act 19 of 1979
22. Section 29 of the principal Act is hereby amended- (o) b) the substitution for subsection (1) of the following subsection:
‘“( 1 ) Subject to the provisions of section [32(2)], 32A, no person other than a dental technician contractor or. subject to the provisions of 30 subsection (3). a dentist or clinical dental technologist, may be the owner of a dental laboratory.”;
(b) by the deletion of paragraphs (b) and (c) of subsection (2); (c) by the substitution for paragraph (d) of subsection (2) of the following
paragraph: 35 “’(d) an! university or approved institution for the training of dental
technicians or dental technologists; or”; (d) by the substitution for the words following upon paragraph (e) of subsection
(2) of the follou’ing words: ‘-in respect of a dental laborato~ used in connection with the (mining of 40 dentists [and]. clinical dental technologists. dental technicians @ dental technologists or the rendering of dental services to its employees or to members of the public.”’;
(e) bf- the substitution for subsection (3) of the following subsection: “.{s J \-o dentist or clinical dental technologist— 45
(a) shall be the owner of a dental laboratory in which work is performed for any person \vho is not a patient of that dentist or clinical dental technologist;
f b j shall supervise or conduct any dental laboratory in which work is pa-fortr~d for any person who is not a patient of that dentist q 50 clinical dental technolo,~ist or the partnership. association or iuristic = of which that dentist or clinical dental technologist is a member.”’;
(f) by the substitution for paragraph (a) of subsection (4) of the following uara~ra~h: 55. ..1
““(a) a dentist or clinical dental technologist. provided the dental laboratory is one of which he or she or the partnership. association or iunstic person of which he or she is a member, is the owner:’-:
(gj by the deletion of paragraph (c) of subsection (4); (/z) b! the addition to subsection (4) of the following paragraph: 60
“(d) a dental technologist.”: and
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(i) by the substitution for subsections (5) and (6) of the following subsections. respectively:
““(5) From a date determined by the Minister by notice in the Ga;erre. no person who [is not the holder of a master dental technician’s certificate of competency] has not acquired a B. Tech. Dent. Tech. degree shall supervise any dental laboratory unless he or she supervised a dental laboratory on or before the date so specified or had the right to exercise such supervision.
(6) No person shall conduct a dental laboratory otherwise than under the continuous personaI supervision of a person referred to in subsection (4) or. from the date determined in terms of subsection (5), otherwise than under the continuous personal supervision of the holder of a [certificate] degree referred to in that subsection, or of a person vho supervised a dental laboratory on or before that date or had the right to exercise such supervision.”.
Amendment of section 30 of Act 19 of 1979
23. Section 30 of the principal Act is hereby .amended— (a) by the substitution for paragraph (a) of subsection (7) of the following
paragraph: “(a) of which a dentist or clinical dental technologist is the owner and in
which no person other than that dentist or clinical dental technolo- &t perfomls any act specially pertaining to the profession of [a] dental technician or dental technologist. as the case may be;”; and
(b) by the deletion of paragraphs (b) and (c) of subsection (7).
Amendment of section 31 of Act 19 of 1979
24. Section 31 of the principal Act is hereby amended— (a) by the substitution for subsection (4) of the following subsection:
‘-(4) No inspector shall, except for the purposes of this Act or when required to do so as a witness in a court of law, disclose any information relating to any person. partnership, association. juristic person or business acquired in the performance of his or her duties.”; and
(b) by the substitution for paragraph (a) of subsection (5) of the following paragraph:
“(a) without previous notice. at any time enter any registered dental laboratory or any other premises where he or she has reasonable cause to believe that any act specially pertaining to the profession of [a] dental technician or dental technologist is being performed or has been performed. and make such examination and enquiry as he or she deems necessary;”.
Substitution of section 32 of Act 19 of 1979
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25. The following section is hereby substituted for section 32 of the principal Act:
““Discount, commission or remuneration, and direct billing of patient or medical aid scheme
32. ( 1 ) No dental technician or dental technologist shall offeror allow to or accept from any dentist any discount on the tariff of fees determined 45 under section 12( 1 )(b). or may in connection with his or ber work as a dental technician or dental technologist. as the case ma} be. offer. allow or pay any commission or remuneration to a dentist, and no dentist ma!’ propose. offer. allow or accept such discount. commission or remuneration to or from any dental technician or dental technologist. 50
(2) A dental technician contractor shall. from a date determined by the Xlinister by notice in the Gazerte. directly claim from the patient or medical did scheme concerned for services rendered.”’.
22 s,>. 1s333 GOVERNKIENT GAZETTE. 30CTOBER 1997
Act so. .0. 1997 DENTAL TECHNICIANS AMENDMENT ACT. 1997
Insertion of section 32A in Act 19 of 1979
26. The following section is hereby inserted after section 32 of the principal Act:
“Performance of certain acts or carrying on of certain business by partnership, association or juristic person
32A. ( 1 ) The performance of any act specially pellainiug to the profession of dental technician or dental technologist. as the case may be. may be carried on in partnership: Provided that all members of such partnership shall be either dentists or clinical dental technologists on the one hand. or dental technicians or dental technologists or both, on the other hand.
(2) The performance of any act specially pertaining to the profession of dental technician or dental technologist. as the case may be, maybe earned on in association: Provided that— (0)
(.!7)
(c)
(d)
written proof of the formation of the association, including the names of all associates, shall be submitted to the council together with the application for registration of the dental laboratory; the associates shall annually before 31 March submit an afidavit to the council confirming the continued existence of the association and re-stating the names of all associates; in the case of an association of dentists or clinical dental technologists conducting a dental laboratory, only work for the patients of that association shall be done in that laboratory; all the associates practise their profession and operate the laborato~ on the same premises:
Provided further that all members of such association shall be either dentists or clinical dental technologists on the one hand, or dental technicians or dental technologists or both, on the other hand.
(3) A juristic person being an incorporated company or a close corporation may carry on any business involving the performance of any act specially pertaining to the profession of dental technician or dental technologist, as the case may be: Provided that all members of such juristic person shall be either dentists or clinical dental technologists on the one hand, or dental technicians or dental technologists or both, on the other hand.”.
Amendment of section 33 of Act 19 of 1979
27. Sec[ion 33 of the principal Act is hereby amended by the substitution for subsections ( 1). (2) and (3) of the following subsections:
‘“( 1) \’o person other than a dentist. a clinical dental technologist or a dental technician contractor shall manufacture. itnport. buy or be in possession of an!” unmounted artificial teeth except under a permit issued in accordance with subsection (3): Provided that— (a) a dentist or clinical dental technologist may manufacture, import, buy or be in
possession of unmounted artificial teeth solely for the purpose of supplying such artificial teeth to persons treated by him or her in the exercise of his or her practice as a dentist or clinical dental technologist. as the case may be; and
(b) a dental technician contractor may manufacture, import. buy or be in possession of unmounted artificial teeth solely for the purpose of supplying such teeth to a dentist or clinical dental technologist in accordance with the provisions of this .Act.
(2) So person shall supply any unmounted artificial teeth to any person who is not a dentist. a clinical dental technologist, a dental technician contractor or the holder of a pemlit issued under subsection (3).
(3) The council may. subject to the prescribed conditions and upon payment of the prescribed fees. issue a permit to any person authorizing such person to manufacture. import, buy or be in possession of unmounted artificial teeth for the purpose of supp\ying such artificial teeth to a dentist. a clinical dental technologist. a dental technician contractor or a person who is the holder of a pemlit issued under ~his section.”.
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24 so. 18333 GO\ ’ERNhlENT GAZETTE. 3 OCTOBER 1997
Act so. 43.1997 DEXT.\L TECHNICIANS .\hlENDl$lENT ACT. 1997
Amendment of section 36 of Act 19 of 1979
28. Section 36 of the principal Act is hereby amended— (a) by the substitution for paragraph (d) of subsection ( 1 ) of the following
paragraph: “(d) in the case of a student dental technician or a student dental 5
technologist. extension of the prescribed period of education and training; g;”:
(b) by the addition to subsection ( 1 ) of the following paragraph: “(e) a fine not exceeding R1O 000.”;
(c) by the substitution in the words following on paragraph (c) of subsection (4) 10 for the expression “’R1 00” of the expression “R2 000”; and
[d) by the addition of the following subsection: “(8) (a) A fine imposed under subsection (1 )(e) shall be paid to the
council within 14 days after such imposition. (b) The imposition of a fine under subsection (1)(e) shall have the 15
effect of a judgment in civil proceedings in the magistrate’s court of the district in which the inquiry in terms of section 35 took place.
(c) The Minister may on the recommendation of the council amend the amount mentioned in subsection ( 1 )(e) by notice in the Ga:ette. ”.
Amendment of section 43 of Act 19 of 1979 20
29. Section 43 of the principal Act is hereby amended by the substitution in subsection (5) for the expression ‘-RIOO” of the expression “R2 000”.
Amendment of section 44 of Act 19 of 1979
30. Section 44 of the principal Act is hereby amended— (a) b! the substitution for paragraph (a) of the following paragraph: 25
“(u) procures for himself or herself or any other person registration under this Act. or any certificate, permit or receipt referred to in this Act. by means of a false representation, whether verbally or in writing;”; and
(b) b> the substitution for the words following upon paragraph (f) of the following 30 words:
“shall be guilty of an offence and liable on conviction to a fine not exceeding [Rl 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment] R40 000.”.
Amendment of section 46 of Act 19 of 1979 35
31. Section 46 of the principal Act is hereby amended by the substitution for the proiiso to subsection (2) of the following proviso:
“-Protided that nothing in this subsection contained shall be construed as prohibiting the education and training of any student in dental technology, or the emplo~ment of any student dental technician or anv student dental technologist in 40 any a~thorised dental laboratory with a view to registration under section 18.”.
Amendment of section 47 of Act 19 of 1979
32. Section 47 of the principal Act is hereby amended— (a) b} the substitution for subsection (2) of the following subsection:
“(?) ,%y person guilty of an offence under this Act shall. where no 45 punishment is expressly provided for such offence, be liable on conviction to a fine not exceeding [R200 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment] RIO 000.”;
(b) b! the substitution for paragraph (c) of subsection (3) of the following 50 pzragraph:
“(c) (i) hinders or obstructs an inspector in the exercise of his or her powers or the performance of his o;- her duties under section 31:
20 so. 18.:.33 GOVERNMENT GAZETTE, 30CTOBER 1997
.Act so. 43.1997
(ii)
(iii)
(ii’)
(v)
DENTAL TECHNICIANS AM ENDhlENT ACT. 1997
without valid excuse refuses or fails to answer to the best of his or her ability any question which an inspector in the exercise of his or her powers or the performance of his or her duties under the said section has put to him or her; refuses or fails to comply to the best of his or her ability v’ith any requirement made by an inspector in the exercise of his or @ powers or the performance of his or her duties under th~ said section; wilfully furnishes to any inspector any information which is false or misleading; falsely holds hims~lf or herself out to be an inspector;”;
(c) by the substitution in subsection (3) for the words following upon paragraph (d) of the following words:
“shall be guilty of an offence and liable on conviction to a fine not exceeding [R500 or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment] R20 000.”; and
(d) by the substitution for subsection (4) of the following subsection: “(-l) Any person who contravenes or fai~ to comply with the
provisions of section 32, 32A or 34 shall be guilty of an offence and liable on conviction to a fine not exceeding [R300 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment] R 10000.”.
Amendment of section 49 of Act 19 of 1979
33. Section 49 of the principal Act is hereby amended— (a) by the substitu~ion for subsection (1) of the following subsection:
‘“(1 ) (a) The Minister may on the recommendation of the council at any time by notice in the Ga:ette fix a fee to be paid annually to the council by every dentist, [and every] clinical dental technologist. dental technician and dental technologist.
(b) Different fees may be fixed in respect of dentists, [and] clinical dental technologists. dental technicians and dental technologists.”; and
(b) by the substitution for subsection (4) of the following subsection: “(4) The council may by resolution exempt for an indefinite or definite
period any dentist, [or] c~nical dental tech~ologist, dental technician q dental technologist specified in the resolution from payment of any annual fee prescribed in terms of subsection (1 ).”.
Amendment of section 50 of Act 19 of 1979
34. Section 50 of the principal Act is hereby amended— (a) by the substitution for subparagraph (i) of paragraph (g) of subsection (1) of
the follolving subparagraph: “’(i) the nature and duration of the training to be undergone by any
person who has obtained a qualification in dental technology prescribed under section 22. but who has not yet been registered as a dental technician or a dental technologist. as the case may be, the examination which the council may conduct in order to determine the competence of such person and the period within which such a person shall pass the examination before he or she maybe registered as a dental technician or a dental technologist. as the case may be;”;
(b) by the substitution for paragraph (1) of subsection ( 1 ) of the following paragraph:
‘“(IJ the acts \vhich shall for the purpose of this Act be deemed to be acts specially pertaining to the profession of [a] dental technician or dental technology st. the scope of the employment of other registere~ persons. and the conditions under which registered persons may practise their professions:”;
(c) by the substitution for paragraph (o) of subsection ( I ) of the following paragraph:
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28 so. I 8333 GOVERNMENT GAZE_tTE, 3 OCTOBER 1997
Act NO. 43, 1997 DENTAL TECHNICIANS AMENDMENT ACT, 1997
“(o) the books, accounts and records to be kept and the particulars to be entered therein by—
(i) an employer of a dental technician, dental technologist, student dental technician, student dental technologist and dental laborato~ assistant; and
(ii) a dental technician contractor in respect of work done as a dental technician or a dental technologist for any dentist;”;
(d) in subsection (l), by the deletion of the word “and” at the end of paragraph (p) and the addition the following paragraph:
. . 9) occupational health conditions concerning harmful practices
occurring, and the use of hazardous substances, in all dental laboratories;”;
(e) by the substitution for the words following upon paragraph (p) of subsection (1) of the following:
“M generally, any matter which in terms of this Act is required to be, or may be, prescribed or which the Minister considers necessary or expedient to prescribe in order that the purposes of this Act may be achieved.”; and
@ by the substitution for subsections (2) and (3) of the following subsections, respectively:
“(2) The Minister may, after consultation with the executive commit- tee of the council, if [he] the Minister deems it in the public interest, without the recommendation of the council make regulations relating to any of the matters referred to in subsection (1), or amend or repeal any regulation made in terms of that subsection.
(3) Any regulation made under this section may prescribe penalties for any contravention thereof or failure to comply therewith, not exceeding a fine of [R1OO] R2 000.”.
Substitution of certain expressions and words in Act 19 of 1979
35. The principal Act is hereby amended— (a)
(b)
(c)
(d)
by the” substitution in-section 24(4) for the expression “State President”, wherever it occurs, of the expression “President”; by the substitution in section 36(4)(a) and (c)(ii) and (5) for the word “chairman”, wherever it occurs, of the word “chairperson”; by the substitution in section 48 for the expression “Secretary” of the expression “Director-General”; and by the substitution in those provisions of the principal Act which are not a&ended, substituted or repe~ed by any provision of ~his Act other than this paragraph for the words “he”, “him”, “himself” and “his”, wherever they occur, of the words “he or she”, “him or her”, “himself or herself” and “his or her”, respectively.
Substitution of long title of Act 19 of 1979
36. The following long title is hereby substituted for the long title of the principal Act:
“ACT
To consolidate and amend the laws relating to the profession of dental technician; to regulate the profession of dental technologist; and to provide for matters connected therewith.”.
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30 SO. 1 8 3 3 3 GOVERNMENT GAZETTE, 3 OCTOBER 1997
Act NO. 43, 1997 DENTAL TECHNICIANS AMENDMENT ACT, 1997
Repeal of laws
37. The laws mentioned in the Schedule are hereby repealed to the extent to which those laws formed a part of the legislation of the areas of the former—
(a) Republics of Transkei, Bophuthatswana, Venda and Ciskei; and (b) se l f -governing terntones of Lebowa Gazankulu, Q w a Q w a , KwaZulu, 5
KwaNdebele and KaNgwane in terms of the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971).
Extension of application of Act 19 of 1979
38. The Dental Technicians Act, 1979, and all amendments thereof, shall apply throughout the Republic. 10
Short title
39. This Act shall be called the Dental Technicians Amendment Act, 1997.
32 !iO. 18333 GOVERNMENT GAZETTE, 3 OCTOBER 1997
Act NO. 43, 1997 DENTAL TECfUUCfANS AhlENDMENT ACT, 1997
SCHEDULE
No. and year of law Short title
Act No. 30 of 1945 Demal Mechanicians Act, 1945
Act No. 33 of 1947 Dental Mechanicians Amendment Act, 1947
Act ~0, 8 of ] 954 Dental Mechanicians Amendment Act. 1954
Act NO. 43 of 1972 Dental Mechanicians Amendment Act, 1972
Act No. 17 of 1976 Dental Mechanicians Amendment Act. 1976
Act NO. 19 of 1979 Dental Technicians Act, 1979